A will is commonly known to be required in order to protect your loved ones and your possessions after your death. This is all logical, but is it necessary to engage a lawyer to draft a will if a will can be created online?

You may be surprised to learn that you don’t need a lawyer to create an estate plan that will give you peace of mind. It is possible to save money by writing your own will instead of hiring an attorney to do so, and doing so is perfectly legal.

Still, you must follow your state’s legal requirements when writing a will and make sure it holds up in court. Start by reading this.

What Makes an Online Will Valid?

A valid online will have the following components:

• Ability to function within the law (legal capacity).
• Competence to Leave a Will (testamentary capacity).
• A lawful procedure with witnesses

Legal capacity

To be able to create a will, you need to be at least the minimum age required by your state. This ensures that you have the mental and emotional capacity to do so.

Testamentary capacity

The ability to make or change a valid will is referred to in law as testamentary capacity.

Case law determines what constitutes mental capacity for will-making purposes.

• Get a grasp on the ramifications of making a will and how it works.
• Get a feel for the scope of the property they’re selling.
• Recognize and understand the justifications they’re expected to uphold.
• Not be suffering from any mental illness that would cloud their judgment and prevent them from using their natural abilities to make a will and distribute their assets as they see fit.

Witnesses

The legal process for carrying out a valid will varies from one state to the next. The vast majority of states require the presence of two witnesses. A number of states also permit the use of self-proving affidavits, in which a notary public attests to the fact that the documents were signed by both you and any witnesses.

Is it possible to contest an online will?

There is the possibility that your online will could be contested. They probably won’t be successful, though. It’s important to remember that the same obstacles can arise with a will drafted online as they would with a will drafted by an attorney. Before challenging a will, the challenger must demonstrate that they have “standing,” or a legitimate interest in the outcome of the contest. A will can only be challenged by the testator’s spouse, children, heirs, creditors, or other individuals specifically named in the will. In that case, the one challenging the will has the burden of demonstrating that it is void. Forgery, coercion, and undue influence are the usual suspects in contests to wills.